Notes 17th Meeting 7 November 2005

Chairman’s Introduction

1. The Chairman welcomed Members to the 17th meeting of the Radio Licensing Committee. All members were present throughout. John McInnes (Legal Advisor) and Glenis Rylance (Assistant Secretary to the Corporation) were present throughout. The following colleagues attended for part of the meeting: Sue Balsom (Content Board Member for Wales), Lawrie Hallett (Senior Associate, Radio Licensing), Jon Heasman, (Senior Associate, Radio Licensing), Eva Koekelbergh (Senior Associate, Radio Licensing), Will Jackson (Senior Associate, Radio Licensing), Francesco Lamanna, (Legal Advisor), Soo Williams (Senior Associate, Radio Licensing).

Minutes of the previous Meeting

2. The minutes of the Radio Licensing Committee Meeting held on 3rd October 2005 were agreed as an accurate record. The minutes of the Radio Licensing Committee Meeting held on 5th September 2005 and amended slightly since the date of the last meeting were also agreed as an accurate record.

Matters Arising

3. There were no matters arising that were not being dealt with under items on the Agenda.

Local commercial radio licence award: Northallerton

4. After a full and careful discussion of each licence application, and having regard in particular to the factors set out in section 105 of the Broadcasting Act 1990 and section 314 of the Communications Act 2003, the Committee awarded the licence to Mowbray Radio Limited (BTN FM), wholly owned by The Local Radio Company. The announcement regarding the winning licence application would be made on the same day and a statement explaining the factors which led to its decision was scheduled to be published in due course.

Applications for Warwick local commercial radio licence.

5. The Radio Licensing Committee discussed the three applications received for the Warwick licence. The Committee was scheduled to make its final decision at the 5th January 2006 meeting.

Update to commercial radio licensing timetable.

6. The Radio Licensing Committee was provided with a schedule setting out a proposed forward plan for the advertising of new FM commercial radio licences; the contents were noted accordingly.

Local commercial radio licence award: Swansea

7. After a full and careful discussion of each licence application, and having regard in particular to the factors set out in section 105 of the Broadcasting Act 1990 and section 314 of the Communications Act 2003, the Committee awarded the licence to Swansea Bay Radio Limited, owned by Town and Country Broadcasting (65%), Haven FM (Pembrokeshire) Ltd (20%) and three locally-based individuals (15%). The announcement regarding the winning licence application would be made on the same day and a statement explaining the factors which led to its decision was scheduled to be published in due course.

Community radio licence applications: Garrison Army Radio

8. The Radio Licensing Committee discussed a series of linked (but separately owned) applications which would serve army bases in England and Scotland. After full and careful consideration it was concluded that the linkages between the applicants did not breach the requirements of the Community Radio Order 2004 and that the applicants could be considered for community radio licences provided that members of the Committee are satisfied that individual applications are in line with all the relevant legislation.

Community Radio licence awards: Various stand alone areas

9. After a full discussion of the applications for various stand alone areas and having regard in particular to the factors set out in section 105 of the Broadcasting Act 1990 (as modified by the Community Radio Order 2004), the Committee awarded a licence to each of the following:

Toradio (Pontypool, Wales)
Gloucester FM (Gloucester)
Seaside Radio (Withernsea & Holderness, East Yorkshire)
CBIT (Newcastle-Upon-Tyne)
LVR FM (Kirkby Lonsdale, Cumbria)
Lionheart (Alnwick, Northumberland)
Youth Community Radio (Worcester)

10. The Committee decided in light of weaknesses in the applications of Ness Community Radio (Inverness) and Radio CD (Oxford) that these applications would not be awarded a licence.

11. The Committee will consider further stand alone areas at a later date when further frequency details become available.

Community Radio licence award: Wigan

12. The Committee resolved that the following applicant would not be awarded a licence:

Now Radio (Wigan, Lancashire)

Consultation on the methodology for the review of financial terms to the national commercial radio licences.

13. The Radio Licensing Committee discussed the consultation document which described the framework to be used to determine the revised terms to the national commercial radio licences.

Community Radio Fund Panel

14. The Radio Licensing Committee noted that the Panel had met for the first time on the 18th October 2005.

AOB

Request for Format Change

15. The Radio Licensing Committee noted that a request for format change that it had previously considered at its 5 September 2005 meeting had now been withdrawn, and thus a consultation was no longer necessary.

Date of next meeting

16. To be held on Monday 5 December 2005 in London.

November 2005